Chisholm Chisholm & Kilpatrick Can Help You With Your Long
If you have bipolar disorder and find yourself impaired by its effects and unable to work, you may qualify for long-term disability benefits. The attorneys at Chisholm Chisholm & Kilpatrick understand the disabling effects a mental health condition can have on your ability to lead a functional life. We can help you through the steps of filing a long-term disability claim.
Whether you are filing an initial claim or appealing a denial of benefits, CCK has the experience to fight for your case. Our attorneys will help you gather the evidence and records you need to prove that your bipolar disorder is stopping you from being able to work effectively, if at all.
We will gather evidence from medical and psychiatric specialists and advise you if we think your case could be strengthened by additional evaluations from outside experts. We also know that your long-term disability claim can be strengthened by witness statements from personal acquaintances like family or coworkers, who likely have witnessed how your bipolar disorder affects your daily life.
We want you to be able to work on managing your health condition without having to deal with the stress of filing or appealing a long-term disability claim. The legal team at Chisholm Chisholm & Kilpatrick is ready and available to help get you the benefits you deserve. To see if we may be able to assist you with your claim, contact us for a free consultation at 800-544-9144 today.
Evaluating Anxiety As A Disability
If an employee comes to you and says they have a disability and asks for an accommodation, one of your first responses should be to ask them to fill out a medical information form. This form will require that they visit their physician and have them complete the necessary information.
In addition to Federal laws, many states have laws that regulate the medical information that an employee is required to give their employer. Make sure that your paperwork is compliant with all laws, and double-check with your attorney.
If the doctor has determined that the employee has a disability, they may list areas where the worker could benefit from accommodations. These suggestions may be aimed at the employee to consider.
Meeting A Disability Listing For Depression Or Bipolar Disorder
The Social Security Administration will automatically grant disability benefits for depression or bipolar disorder if you can show you have the symptoms and limitations listed in its official disability listing for depression or bipolar disorder. The SSA will consider treatment notes from your doctor or psychologist, mental status evaluations, psychological testing, and any reports of hospitalizations.
Symptoms. To qualify for either disability benefits on the basis of depression, you must show you have at least five of the following symptoms:
- depressed mood
- involvement in risky activities with painful consequences that are not recognized, and/or
- increase in physical agitation or in in goal-directed activity .
Limitations. For either disorder, you must show that you also have a loss of abilities, either an extreme limitation in one of the following areas or a “marked” limitation in two or more of the following areas:
- adapting to change or managing oneself
- concentrating on and finishing tasks
- interacting with others using use socially appropriate behaviors, and/or
- understanding, remembering, or using information .
Also Check: What Does Non Medical Disability Mean
Denied Disability For Bipolar Disorder Dont Give Up Call Nolan& Shafer Plc For Help
Unfortunately, far too many people who suffer from bipolar disorder and are clearly disabled because of it are at first denied disability by the Social Security Administration. The reality of the situation is that a majority of disability claims have to be brought before an Administrative Law Judge at a hearing.
Furthermore, when someone is alleging primarily psychiatric illness as a basis for disability benefits, it is even more difficult to win. This is mostly because it is more difficult to measure or test for purely psychological problems. Whereas when someone has a broken leg it is easy to identify and confirm the case, it is significantly more difficult to know for sure when someone suffers from a legitimate mental illness like bipolar disorder. This is why it is critical to work with credible medical providers in supporting your claim.
Testifying before an Administrative Law Judge is a nerve-racking process, but Nolan & Shafer, PLC will make sure you are fully prepared to do so confidently. In addition to preparing the medical evidence in your case, we will meet with you several times prior to the hearing to adequately prepare you for the questions the judge is going to ask.
Unlike many nationwide and large firms, you will work with the same attorney from start to finish of your claim atNolan & Shafer, PLC. Whats more, theres no fee unless we win your case. Call orcontact us onlinetoday to discuss your situation.
Ssi And Bipolar Disorder
Applying for and receiving Social Security Disability benefits based on your Bipolar Disorder can be challenging. The signs and symptoms of Bipolar Disorder are often misunderstood. If you are suffering from Bipolar Disorder and are no longer able to work, you should contact an attorney specializing in Social Security Disability to improve your chances of receiving SSDI or SSI benefits.
Recommended Reading: How To Change Direct Deposit For Va Disability
What Laws Exist To Protect Employees With Bipolar Disorder
The Americans with Disabilities Act of 1990 was signed into law in order to prevent employers from discriminating against employees with disabilities. But it wasnt until 2008 that an amendment was added to the ADA to include invisible conditions illnesses that affect the psyche of a person like depression, anxiety, and bipolar disorder, along with many other mental disorders.
You may be asking yourself what the ADA can do you for you? Because bipolar disorder can affect one or more of your major life tasks, you may be protected against discrimination from an employer. A major life task is all of the things that one does in order to sustain oneself. They include, but are not limited to being able to perform manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. If your bipolar disorder affects anyone of these facets of living a normal life, then you may qualify for discrimination protection under the ADA.
Do I Have To Disclose My Bipolar Disorder To My Employer
Maybe. If you are taking medication to keep it under control and you do not need reasonable accommodation to perform the essential job functions of your occupation, you may not need to tell your employer because it may never be an issue.
If you dont take medications or are changing prescription/doses to your existing medication, you may not know how your psyche will react to such a change and may interfere with your ability to do your job. If you let your employer know about your bipolar disorder , your employer must A) keep it confidential and B) provide reasonable accommodation should you require it. If you need extra time during your lunch to take the proper medication and have it go into effect, your employer may legally be required to provide such accommodation.
Recommended Reading: How Much Does Disability Pay In California
Can A Person With Bipolar Disorder Serve In The Military
Bipolar Disorder is a serious mental illness. It causes unusual shifts in your mood, concentration, energy, and ability to do day-to-day functions. Unfortunately, bipolar disorders are an automatic military mental health disqualifier. The military considers mood disorders that require medication disqualifying.
If you had a break in service before trying to go back into the military, you may need to process through MEPS again. If you have a VA disability rating or certain other medical conditions, you may need to apply for a medical waiver to join the military. Can You Serve on Active Duty with a VA Disability Rating?
C& p Exam For Anxiety Tips
1. Know whats in your medical records!
2. Review your Disability Benefit Questionnaire
3. Review the eCFR, Title 38, Schedule 4 for ANXIETY and other mental health symptoms and ratings
4. Do NOT have your best day
5. Be uncomfortably vulnerable
6. Know your true story coldand potential in-service stressors that caused or made your ANXIETY and/or other mental health conditions worse.
Recommended Reading: How To Get A Disability Rating
Impairments That Qualify For Bipolar Disorder Disability Benefits
The Social Security Administration has established that a claimant with Bipolar Disorder must have a history of consistent symptomatic manic episodes, depressive syndromes, or a combination of both. Additionally, the claimants bipolar disorder should result in two of the following restrictions:
- severe limitation of daily activity,
- inability to interact with others in a normal way, or
- recurring episodes of decompensation, which last for an extended period of time.
If a claimant does not meet the aforementioned criteria, he/she may still qualify under a section in the Blue Book, which states that any individual with a medical history documenting at least two years of any chronic affective disorder, including Bipolar Disorder, can be granted disability benefits, despite the support of medication, if the impairment or ailment has resulted in:
- limitations of the capacity to perform basic work action, even when symptoms are controlled with psychosocial support and medication.
- the claimants condition must lead to persistent decompensation periods, or
- the residual illness process has caused a subsidiary adjustment that even a nominal boost in mental demands would cause the claimant to decompensate.
Because applying for disability benefits with a Bipolar Disorder diagnosis can be a complex and intimidating process, hiring a qualified Social Security Disability lawyer or disability advocate may be in a potential claimants best interest.
Secondary Service Connection For Depression And Anxiety
Service connection for depression and anxiety may also be established on a secondary basis. In this case, an already service-connected condition aggravates or causes the veterans depression and/or anxiety. For example, if the veteran is service-connected for a very debilitating back condition, it is possible that they will develop depression due to the chronic pain and limitations on activities of daily living. When filing for secondary service connection, providing a nexus opinion is especially important. The nexus between the veterans primary service-connected condition and their secondary condition must be clearly established in order to be granted secondary service connection for the latter.
Recommended Reading: Can You Get An Advance On Va Disability
Don’t Miss: 20 Percent Disability Rating
Bipolar Disorder Is Considered A Qualifying Disorder For Ssdi
When thinking about Social Security Disability benefits , many people first consider physical disabilities. Yet millions of Americans have mental health conditions that limit their ability to work such as bipolar disorder. Although bipolar disorder is relatively rare, the majority of people with this condition report that they are seriously disabled.
Bipolar disorder is a mental illness that is characterized by unusual shifts in mood, energy and activity levels. People who have been diagnosed with bipolar disorder often have varying abilities to carry out daily tasks. Bipolar disorder involves clear changes in mood, from manic, highly energized periods to more depressed, sad times.
Unable To Work With Bipolar Disorder & Mental Rfc
As mentioned before, proving that a mental disorder is truly disabling and prevents an applicant from working is very difficult. One of the best ways to prove to the SSA that an applicants bipolar disorder prevents them from performing unskilled work is to have their treating doctor fill out a mental residual functional capacity.
This form describes what tasks an applicant is capable of in a work environment despite his or her mental disability. Tasks include the ability to concentrate, focus, properly communicate, perform tasks in a timely manner, etc. If your doctor fills out the form and finds the applicant is actually capable of unskilled work, he or she will be denied and vise versa.
You May Like: Crohn’s Disease And Disability
What If You Have Another Condition Besides Bipolar Disorder
We can focus on either condition in your application. In many cases, this will dramatically improve your chances of being approved for benefits. For example, if you have bipolar disorder and another mental disorder, such as a personality disorder, we can focus on the combined effect of both disorders and the way that it limits your ability to function in a work setting. If you have a physical disability, such as diabetes, obesity, or heart disease, we can focus more on the physical ailment because it is easier to prove the limits it puts on your capacity to work.
How To Apply For Social Security Disability With Bipolar Disorder
Error! You must specify a value for the Video ID, Width, Height and Anchor parameters to use this shortcode!
Bipolar disorder causes severe mood swings that can make learning, working, or other aspects of daily life difficult to perform. Fortunately, the Social Security Administration offers financial benefits to help alleviate these struggles.
These benefits, called Social Security Disability benefits, are available to those who meet certain requirements and successfully complete the application. An adult or child living with Bipolar disorder can benefit from understanding the entire disability process in order to gain the financial support deserved.
Also Check: Reserve Retired Pay Calculator
How Bipolar Disorder Can Impact Your Ability To Work
Bipolar disorder can severely affect the quality of your life and impact your ability to carry out everyday tasks. Episodes of depression or mania can last from weeks to months, and the symptoms can make it difficult or impossible to perform the duties of your job.
Symptoms of mania or hypomania may make it difficult for you to focus on work tasks or perform with proper judgment. During a manic episode, you may find yourself restless and distracted, which can lead to mistakes, inattention to detail, and incomplete tasks. Your elevated energy and zealousness may cause you to take on more tasks than you can handle or finish.
Symptoms of manic episodes also consist of inflated self-confidence and risk-taking, which can cause you to make important work decisions with improper judgment or behave inappropriately. The extreme mood can also make it difficult for you to work effectively with colleagues or customers.
Writing A Personal Narrative
Given the varying symptoms of bipolar disorder, you should explain to your insurance company how your individual symptoms prevent you from performing your job duties. You can do this by preparing a detailed, written narrative for the insurance company. In many cases, it is helpful if the narrative addresses all of your symptoms by listing them separately first. Because most symptoms of bipolar disorder are subjective in nature, your narrative can also address the severity of your symptoms, as well as factors that trigger or exacerbate your symptoms.
Also Check: Military Retirement Pay Calculator 2014
Who Qualifies For Disability With Bipolar
Now, to qualify for disability benefits, your condition must be severe enough. You need to meet the specific requirements of the Social Security Administration or the SSA. You also cannot function at a high enough level to hold basic jobs.
In addition, you must be diagnosed with either bipolar I or II. You need to have a history of specific, severe symptoms that causes a decrease or decline in your abilities.
You also need to have at least three of the following symptoms mentioned above. And, at least two of the following symptoms:
- Difficulty understanding, remembering and using information
- Difficulty interacting with others
- Having a hard time concentrating or maintaining pace in tasks
- Inability to complete tasks
- Difficulty adapting or managing yourself.
If you, or someone you know, wants to file for disability benefits, you must provide the Social Security Administration with medical records. The SSA will grant or deny your claims based on the evidence you provide.
Additionally, it is also recommended that you seek consistent treatment before and during your Social Security Disability application process.
A Partner On The Path To Work
What if I need help? What if I have a question about the work I was hired for? What if I cant keep a job? What if I have to go back on benefits? What if I cant do this?
Lori had a long list of questions and worries. But with the Ticket program, Lori had a partner to help her through the entire process.
After talking to Paula and learning more about the Ticket to Work program, it was comforting to know that I could have someone on speed dial when my brain started to make me worry more.
Lori had her first interview with Paula Vieillet, the founder and CEO of Employment Options.
Because each individuals circumstances are different, the program encourages people to begin their journey with a trained benefits counselor who can help them understand how employment will affect their disability benefits. Benefits counselors can be found at community-based organizations called Work Incentives Planning and Assistance projects, and at some ENs and State VR agencies.
Lori was grateful she didnt have to do this all on her own. Im not going to sugarcoat it: when you have anxiety, youre afraid of everything going wrong, Lori says. Having a benefits counselor by her side to help negotiate the ins and outs of managing her disability benefits while finding a job made Lori feel safe. It made her feel like she could go back to work.
For over 20 years, Employment Options has helped thousands of people with:
- Assessing skills and abilities
Recommended Reading: How To Calculate Disability Retirement Pay
What If You Dont Want To Take Medication
You do not have to take medication that you disagree with taking. There are several options we can use instead:
- Seek a statement from your doctor saying that you are complying with treatment
- Ask your doctor if there are other treatment options besides the problematic medication
- Help you see a doctor who specializes in bipolar disorder and can recommend a different treatment
For a free legal consultation with a bipolar disorder lawyer serving Atlanta, call